ft  0 .  I*  ,  U.  I 


8.  R.  A.-B.  S.  27.  Issued  April  22,  1919. 

United  States  Department  of  Agriculture, 

BUREAU  OF  BIOLOGICAL  SURVEY. 

E.  W.  Nelson,  Chief  of  Bureau. 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS. 


MIGRATORY  BIRD  TREATY,  ACT,  AND  REGULATIONS. 


CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GREAT  BRITAIN 
FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS  IN  THE  UNITED  STATES 
AND  CANADA.2 

[39  Stat.,  1702.] 

BY   THE    PRESIDENT    OF    THE    UNITED    STATES    OF    AMERICA. 

A    PROCLAMATION. 

Whereas  a  Convention  between  the  United  States  of  America  and 
the  United  Kingdom  of  Great  Britain  and  Ireland  for  the  protection 
of  migratory  birds  in  the  United  States  and  Canada  was  concluded 
and  signed  by  their  respective  Plenipotentiaries  at  Washington,  on 
the  sixteenth  day  of  August,  one  thousand  nine  hundred  and  sixteen, 
the  original  of  which  Convention  is  word  for  word  as  follows : 

Whereas,  Many  species  of  birds  in  the  course  of  their  annual  mi- 
grations traverse  certain  parts  of  the  United  States  and  the  Dominion 
of  Canada;  and 

Whereas,  Many  of  these  species  are  of  great  value  as  a  source  of 
food  or  in  destroying  insects  which  are  injurious  to  forests  and  forage 
plants  on  the  public  domain,  as  well  as  to  agricultural  crops,  in  both 
the  United  States  and  Canada,  but  are  nevertheless  in  danger  of  ex- 
termination through  lack  of  adequate  protection  during  the  nesting 
season  or  while  on  their  way  to  and  from  their  breeding  grounds; 

1  Including  amendments  of  the  regulations  approved  October  25,  1918. 

1  This  treaty  was  signed  on  August  16,  ratified  by  the  Senate  August  29,  by  the  President  September  1, 
and  by  Great  Britain  October  20:  ratifications  thereof  were  exchanged  December  7,  and  it  was  proclaimed 
by  the  President  December  8,  1916. 

Canada,  by  an  act  of  Parliament  approved  August  29,  1917,  gave  full  effect  to  this  convention,  and  pro- 
mulgated regulations  thereunder  May  11,  1918. 

The  Constitution  of  the  United  States  contains  the  following  provision  in  regard  to  treaties: 

''This  Constitution,  and  the  'aws  of  the  United  States  which  shall  be  made  in  pursuance  thereof:  and  all 
treaties  made,  or  which  shall  be  made,  under  the  authority  of  th*  Umt^i-taU's  i^nlT  T3e"Tne  supreme  law 
of  the  land:  and  the  judges  in  every  State  shall  be  biund  t  hereby  ^^flUJslfiB  the  constitution  or  laws  of  anj 
State  to  the  contrary  notwithstanding."    (Art.  Vl,  par.  a-.)-  u 

109472°— 19  i  


DEPOSITORY 


2  BUEEAU  OF  BIOLOGICAL  SURVEY.  [April, 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous  of 
saving  from  indiscriminate  slaughter  and  of  insuring  the  preserva- 
tion of  such  migratory  birds  as  are  either  useful  to  man  or  are  harm- 
less, have  resolved  to  adopt  some  uniform  system  of  protection  which 
shall  effectively  accomplish  such  objects  and  to  the  end  of  concluding 
a  convention  for  this  purpose  have  appointed  as  their  respective 
Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Robert  Lansing, 
Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  Sir  Cecil  Arthur 
Spring  Rice,  G.  C.  V.  O.,  K.  C.  M.  G.,  etc.,  His  Majesty's  Ambassador 
Extraordinary  and  Plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  adopted  the  following  articles: 

ARTICLE  I. 

The  High  Contracting  Powers  declare  that  the  migratory  birds  included  in  the 
terms  of  this  Convention  shall  be  as  follows: 

1.  Migratory  Game  Birds: 

(a)  Anatidae  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae  or  rails,  including  coots,  gallinules  and  sora  and  other  rails. 

(d)  Limicolae  or  shorebirds,  including  avocets,  curlew,  dowitchers,  godwits,  knots, 
oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds,  turnstones, 
willet,  woodcock  and  yellowlegs. 

(e)  Columbidae  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  Insectivorous  Birds:  Bobolinks,  catbirds,  chickadees,  cuckoos,  flickers, 
flycatchers,  grosbeaks,  humming  birds,  kinglets,  martins,  meadowlarks,  nighthawks 
or  bull  bats,  nut-hatches,  orioles,  robins,  shrikes,  swallows,  swifts,  tanagers,  titmice, 
thrushes,  vireos,  warblers,  wax-wings,  whippoorwills,  woodpeckers  and  wrens,  and 
all  other  perching  birds  which  feed  entirely  or  chiefly  on  insects. 

3.  Other  Migratory  Nongame  Birds:  Auks,  auklets,  bitterns,  fulmars,  gannets,  grebes, 
guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shearwaters,  and  terns. 

ARTICLE  II. 

The  High  Contracting  Powers  agree  that,  as  an  effective  means  of  preserving  mi- 
gratory birds  there  shall  be  established  the  following  close  seasons  during  which  no 
hunting  shall  be  done  except  for  scientific  or  propagating  purposes  under  permits 
issued  by  proper  authorities. 

1.  The  close  season  on  migratory  game  birds  shall  be  between  March  10  and  Sep- 
tember 1,  except  that  the  close  season  on  the  Limicolae  or  shorebirds  in  the  Maritime 
Provinces  of  Canada  and  in  those  States  of  the  United  States  bordering  on  the  At'antic 
Ocean  which  are  situated  wholly  or  in  part  north  of  Chesapeake  Bay  shall  be  between 
February  1  and  August  15,  and  that  Indians  may  take  at  any  time  scoters  for  food  but 
not  for  sale.  The  season  for  hunting  shall  be  further  restricted  to  such  period  not 
exceeding  three  and  one-half  months  as  the  High  Contracting  Powers  may  severally 
deem  appropriate  and  define  by  law  or  regulation. 


1919.)  SERVICE  AND  REGULATORY  ANNOUNCEMENTS.  3 

2.  The  close  season  on  migratory  insectivorous  birds  shall  continue  throughout  the 
year. 

3.  The  close  season  on  other  migratory  nongame  birds  shall  continue  through- 
out the  year,  except  that  Eskimos  and  Indians  may  take  at  any  season  auks,  auk- 
lets,  guillemots,  murres  and  puffins,  and  their  eggs,  for  food  and  their  skins  for  clothing, 
but  the  birds  and  egg3  so  taken  shall  not  be  sold  or  offered  for  sale. 

ARTICLE  III. 

The  High  Contracting  Powers  agree  that  during  the  period  of  ten  years  next  follow- 
ing the  going  into  effect  of  this  Convention,  there  shall  be  a  continuous  close  season 
on  the  following  migratory  game  birds,  to  wit: — 

Band-tailed  pigeons,  little  brown,  sandhill  and  whooping  cranes,  swans,  curlew 
and  all  shorebirds  (except  the  black-breasted  and  golden  plover,  Wilson  or  jack  snipe, 
woodcock,  and  the  greater  and  lesser  yellowlegs);  provided  that  during  such  ten 
years  the  close  seasons  on  cranes,  swans  and  curlew  in  the  Province  of  British  Columbia 
shall  be  made  by  the  proper  authorities  of  that  Province  within  the  general  dates 
and  limitations  elsewhere  prescribed  in  this  Convention  for  the  respective  groups 
to  which  these  birds  belong. 

ARTICLE  IV. 

The  High  Contracting  Powers  agree  that  special  protection  shall  be  given  the 
wood  duck  and  the  eider  duck  either  (1)  by  a  close  season  extending  over  a  period 
of  at  least  five  years,  or  (2)  by  the  establishment  of  refuges,  or  (3)  by  such  other  regula- 
tions as  may  be  deemed  appropriate. 

ARTICLE  V. 

The  taking  of  nests  or  eggs  of  migratory  game  or  insectivorous  or  nongame  birds 
shall  be  prohibited,  except  for  scientific  or  propagating  purposes  under  such  laws 
or  regulations  as  the  High  Contracting  Powers  may  severally  deem  appropriate. 

ARTICLE  VI. 

The  High  Contracting  Powers  agree  that  the  shipment  or  export  of  migratory  birds 
or  their  eggs  from  any  State  or  Province,  during  the  continuance  of  the  close  season 
in  such  State  or  Province,  shall  be  prohibited  except  for  scientific  or  propagating 
purposes,  and  the  international  traffic  in  any  birds  or  eggs  at  such  time  captured, 
killed,  taken,  or  shipped  at  any  time  contrary  to  the  laws  of  the  State  or  Province 
in  which  the  same  were  captured,  killed,  taken,  or  shipped  shall  be  likewise  pro- 
hibited. Every  package  containing  migratory  birds  or  any  parts  thereof  or  any 
eggs  of  migratory  birds  transported,  or  offered  for  transportation  from  the  United 
States  into  the  Dominion  of  Canada  or  from  the  Dominion  of  Canada  into  the 
United  States,  shall  have  the  name  and  address  of  the  shipper  and  an  accurate 
statement  of  the  contents  clearly  marked  on  the  outside  of  such  package. 

ARTICLE  Vn. 

Permits  to  kill  any  of  the  above-named  birds  which,  under  extraordinary  con- 
ditions, may  become  seriously  injurious  to  the  agricultural  or  other  interests  in  any 
particular  community,  may  be  issued  by  the  proper  authorities  of  the  High  Con- 
tracting Powers  under  suitable  regulations  prescribed  therefor  by  them  respectively, 
but  such  permits  shall  lapse,  or  may  be  canceled,  at  any  time  when,  in  the  opinion 
of  said  authorities,  the  particular  exigency  has  passed,  and  no  birds  killed  under  this 
article  shall  be  shipped,  sold  or  offered  for  sale. 

ARTICLE  Vni. 

The  High  Contracting  Powers  agree  themselves  to  take,  or  propose  to  their  respec- 
tive appropriate  law-making  bodies,  the  necessary  measures  for  insuring  the  execution 
of  the  present  Convention. 


BUREAU  OF  BIOLOGICAL  SURVEY.  [April, 


ARTICLE  IX. 


The  present  Convention  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  His 
Britannic  Majesty.  The  ratifications  shall  be  exchanged  at  Washington  as  soon  as 
possible  and  the  Convention  shall  take  effect  on  the  date  of  the  exchange  of  the  rati- 
fications. It  shall  remain  in  force  for  fifteen  years,  and  in  the  event  of  neither  of  the 
High  Contracting  Powers  having  given  notification,  twelve  months  before  the  expira- 
tion of  said  period  of  fifteen  years,  of  its  intention  of  terminating  its  operation,  the 
Convention  shall  continue  to  remain  in  force  for  one  year  and  so  on  from  year  to  year. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  duplicate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  this  sixteenth  day  of  August,  one  thousand 
nine  hundred  and  sixteen. 

[seal.1  Robert  Lansing, 

[seal.]  Cecil  Spring  Rice. 

And  whereas  the  said  Convention  has  been  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  two  Governments  were  exchanged 
in  the  City  of  Washington,  on  the  seventh  day  of  December,  one 
thousand  nine  hundred  and  sixteen; 

Now,  therefore,  be  it  known  that  I,  Woodrow  Wilson,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention 
to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  eighth  day  of  December  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  six- 
[seal.]    teen,  and  of  the  Independence  of  the  United  States  of 
America  the  one  hundred  and  forty- first. 

Woodrow  Wilson. 
By  the  President: 

Robert  Lansing, 

Secretary  of  State, 


MIGRATORY  BIRD  TREATY  ACT. 

|Approved  July  3,  1918.    40  Stat.,  755.] 

AN  ACT  To  Rive  effect  to  the  convention  between  the  United  States  and  Great  Britain  for  the  protection. 
of  migratory  birds  concluded  at  Washington,  August  sixteenth,  nineteen  hundred  and  sixteen,  and 
for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  this  Act  shall  be  known  by  the  short  title  of  the  "Migra- 
tory Bird  Treaty  Act. " 

Sec.  2.  That  unless  and  except  as  permitted  by  regulations  made  as  hereinafter 
provided,  it  shall  be  unlawful  to  hunt,  take,  capture,  kill,  attempt  to  take,  capture 
or  kill,  possess,  offer  for  sale,  sell,  offer  to  purchase,  purchase,  deliver  for  shipment, 


1019.]  SERVICE   AND  REGULATORY  ANNOUNCEMENTS.  5 

ship,  cause  to  be  shipped,  deliver  for  transportation,  transport,  cause  to  be  trans- 
ported, carry  or  cause  to  be  carried  by  any  means  whatever,  receive  for  shipment, 
transportation  or  carriage,  or  export,  at  any  time  or  in  any  manner,  any  migratory 
bird,  included  in  the  terms  of  the  convention  between  the  United  States  and  Great 
Britain  for  the  protection  of  migratory  birds  concluded  August  sixteenth,  nineteen 
hundred  and  sixteen,  or  any  part,  nest,  or  egg  of  any  such  bird. 

Sec  3.  That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes  of 
the  convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from  time 
to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  distribution,  abun- 
dance, economic  value,  breeding  habits,  and  times  and  lines  of  migratory  flight  of 
such  birds,  to  determine  when,  to  what  extent,  if  at  all,  and  by  what  means,  it  is 
compatible  with  the  terms  of  the  convention  to  allow  hunting,  taking,  capture, 
killing,  possession,  sale,  purchase,  shipment,  transportation,  carriage,  or  export 
of  any  such  bird,  or  any  part,  nest,  or  egg  thereof,  and  to  adopt  suitable  regulations 
permitting  and  governing  the  same,  in  accordance  with  such  determinations,  which 
regulations  shall  become  effective  when  approved  by  the  President. 

Sec  4.  That  it  shall  be  unlawful  to  ship,  transport,  or  carry,  by  any  means  whatever, 
from  one  State,  Territory,  or  District  to  or  through  another  State,  Territory,  or  District, 
or  to  or  through  a  foreign  country,  any  bird,  or  any  part,  nest,  or  egg  thereof,  captured, 
killed,  taken,  shipped,  transported,  or  carried  at  any  time  contrary  to  the  laws  of 
the  State,  Territory,  or  District  in  which  it  was  captured,  killed,  or  taken,  or  from 
which  it  was  shipped,  transported,  or  carried.  It  shall  be  unlawful  to  import  any 
bird,  or  any  part,  nest,  or  egg  thereof,  captured,  killed,  taken,  shipped,  transported, 
or  carried  contrary  to  the  laws  of  any  Province  of  the  Dominion  of  Canada  in  which 
the  same  was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported, 
or  carried. 

Sec  5.  That  any  employee  of  the  Department  of  Agricultura  authorized  by  the 
Secretary  of  Agriculture  to  enforce  the  provisions  of  this  Act  shall  have  power,  without 
warrant,  to  arrest  any  person  committing  a  violation  of  this  Act  in  his  presence  or 
view  aad  to  take  such  person  immediately  for  examination  or  trial  before  an  officer 
or  court  of  competent  jurisdiction;  shall  have  power  to  execute  any  warrant  or  other 
process  issued  by  an  officer  or  court  of  competent  jurisdiction  for  the  enforcement  of 
the  provisions  of  this  Act:  and  shall  have  authority,  with  a  search  warrant,  to  search 
any  place.  The  several  judges  of  the  courts  established  under  the  laws  of  the  United 
States,  and  United  States  commissioners  may,  within  their  respective  jurisdictions, 
upon  proper  oath  or  affirmation  showing  probable  cause,  issue  warrants  in  all  such  cases. 
All  birds,  or  parts,  nests,  or  eggs  thereof,  captured,  killed,  taken,  shipped,  transported, 
earned,  or  possessed  contrary  to  the  provisions  of  this  Act  or  of  any  regulations  made 
pursuant  thereto  shall,  when  found,  be  seized  by  any  such  employee,  or  by  any 
marshal  or  deputy  marshal,  and  upon  conviction  of  the  offender  or  upon  judgment 
of  a  court  of  the  United  States  that  the  same  were  captured,  killed,  taken,  shipped, 
transported,  carried,  or  possessed  contrary  to  the  provisions  of  this  Act  or  of  any 
regulation  made  pursuant  thereto,  shall  be  forfeited  to  the  United  States  and  disposed 
of  as  directed  by  the  court  having  jurisdiction. 

Sec  6.  That  any  person,  association,  partnership,  or  corporation  who  shall  violate 
any  of  the  provisions  of  said  convention  or  of  this  Act,  or  who  shall  violate  or  fail  to 
comply  with  any  regulation  made  pursuant  to  this  Act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  more  than  $500  or  be 
imprisoned  not  more  than  six  months,  or  both. 

Sec  7.  That  nothing  in  this  Act  shall  be  construed  to  prevent  the  several  States 
and  Territories  from  making  or  enforcing  laws  or  regulations  not  ^consistent  with 
the  provisions  of  said  contention  or  of  this  Act,  or  from  making  or  enforcing  laws 
or  regulations  which  shall  give  further  protection  to  migratory  birds,  their  nosts,  and 
eggs,  if  such  laws  or  regulations  do  not  extend  the  open  seasons  for  such  birds  beyond 
the  dates  approved  by  the  President  in  accordance  with  section  three  of  this  Act. 


6  BUREAU  OF  BIOLOGICAL.  SURVEY.  [April, 

Sec.  8.  That  until  the  adoption  and  approval,  pursuant  to  section  three  of  this 
Act,  of  regulations  dealing  with  migratory  birds  and  their  nests  and  eggs,  such  migra- 
tory birds  and  their  nests  and  eggs  as  are  intended  and  used  exclusively  for  scientific 
or  propagating  purposes  may  be  taken,  captured,  killed,  possessed,  sold,  purchased, 
shipped,  and  transported  for  such  scientific  or  propagating  purposes  if  and  to  the 
extent  not  in  conflict  with  the  laws  of  the  State,  Territory,  or  District  in  which  they 
are  taken,  captured,  killed,  possessed,  sold,  or  purchased,  or  in  or  from  which  they 
are  shipped  or  transported  if  the  packages  containing  the  dead  bodies  or  the  nests 
or  eggs  of  such  birds  when  shipped  and  transported  shall  be  marked  on  the  outside 
thereof  so  as  accurately  and  clearly  to  show  the  name  and  address  of  the  shipper  and 
the  contents  of  the  package. 

Sec  9.  That  the  unexpended  balances  of  any  sums  appropriated  by  the  agri- 
cultural appropriation  Acts  for  the  fiscal  years  nineteen  hundred  and  seventeen  and 
nineteen  hundred  and  eighteen,  for  enforcing  the  provisions  of  the  Act  approved 
March  fourth,  nineteen  hundred  and  thirteen,  relating  to  the  protection  of  migratory 
game  and  insectivorous  birds,  are  hereby  reappropriated  and  made  available  until 
expended  for  the  expenses  of  carrying  into  effect  the  provisions  of  this  Act  and  regu- 
lations made  pursuant  thereto,  including  the  payment  of  such  rent,  and  the  employ- 
ment of  such  persons  and  means,  as  the  Secretary  of  Agriculture  may  deem  necessary, 
in  the  District  of  Columbia  and  elsewhere,  cooperation  with  local  authorities  in  the 
protection  of  migratory  birds,  and  necessary  investigations  connected  therewith: 
Provided,  That  no  person  who  is  subject  to  the  draft  for  service  in  the  Army  or  Navy 
shall  be  exempted  or  excused  from  such  service  by  reason  of  his  employment  under 
this  Act. 

Sec  10.  That  if  any  clause,  sentence,  paragraph,  or  part  of  this  Act  shall,  for  any 
reason,  be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid,  such  judg- 
ment shall  not  affect,  impair,  or  invalidate  the  remainder  thereof,  but  shall  be  confined 
in  its  operation  to  the  clause,  sentence,  paragraph,  or  part  thereof  directly  involved 
in  the  controversy  in  which  such  judgment  shall  have  been  rendered. 

Sec  11.  That  all  Acts  or  parts  of  Acts  inconsistent  with  the  provisions  of  this  Act 
are  hereby  repealed. 

Sec  12.  Nothing  in  this  Act  shall  be  construed  to  prevent  the  breeding  of  migra- 
tory game  birds  on  farms  and  preserves  and  the  sale  of  birds  so  bred  under  proper 
regulation  for  the  purpose  of  increasing  the  food  supply. 

Sec  13.  That  this  Act  shall  become  effective  immediately  upon  its  passage  and 
approval. 

MIGRATORY  BIRD  TREATY  ACT  REGULATIONS. 

fTho  following  regulations  are  as  approved  and  promulgated  by  the  President,  July  31,  1918,  and  amended 

October  25, 1918.] 

REGULATION  1— DEFINITIONS  OF  MIGRATORY  BIRDS. 

Migratory  birds,  included  in  the  terms  of  the  convention  between  the  United 
States  and  Great  Britain  for  the  protection  of  migratory  birds,  concluded  August  1G, 
1916,  are  as  follows: 

1.  Migratory  game  birds: 

(a)  Anatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae,  or  rails,  including  coots,  gallinules,  and  sora  and  other  rails. 

(d)  Limicolae,  or  shorebirds,  including  avocets,  curlews,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds,  turn- 
stones,  willet,  woodcock,  and  yellowlegs. 

(c)  Columbidae,  or  pigeons,  including  doves  and  wild  pigeons. 


1919.]  SERVICE   AND  REGULATORY   ANNOUNCEMENTS.  7 

2.  Migratory  insectivorous  birds:  Bobolinks,  catbirds,  chickadees,  cuckoos,  flickers, 
flycatchers,  grosbeaks,  hummingbirds,  kinglets,  martins,  meadowlarks,  nighthawks 
or  bull-bats,  nuthatches,  orioles,  robins,  shrikes,  swallows,  swifts,  tanagers,  titmice, 
thrushes,  vireos,  warblers,  waxwings,  whip-poor-wills,  woodpeckers,  and  wrens,  and 
all  other  perching  birds  which  feed  entirely  or  chiefly  on  insects. 

3.  Other  migratory  nongame  birds:  Auks,  auklets,  bitterns,  fulmars,  gannets,  grebes, 
guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shearwaters,  and  terns. 

REGULATION  2— DEFINITIONS  OF  TERMS. 

For  the  purposes  of  these  regulations  the  following  terms  shall  be  construed,  re- 
spectively, to  mean — 

Secretary. — The  Secretary  of  Agriculture  of  the  United  States. 

Person. — The  plural  or  the  singular,  as  the  case  demands,  including  individuals,  asso- 
ciations, partnerships,  and  corporations,  unless  the  context  otherwise  requires. 

Take. — The  pursuit,  hunting,  capture,  or  killing  of  migratory  birds  in  the  manner 
and  by  the  means  specifically  permitted. 

Open  season. — The  time  during  which  migratory  birds  may  be  taken. 

Transport. — Shipping,  transporting,  carrying,  exporting,  receiving  or  delivering  for 
shipment,  transportation,  carriage,  or  export. 

REGULATION    3.— MEANS   BY    WHICH   MIGRATORY   GAME   BIRDS   MAY   BE   TAKEN. 

The  migratory  game  birds  specified  in  Regulation  4  hereof  may  be  taken  during  the 
open  season  with  a  gun  only,  not  larger  than  number  10  gauge,  fired  from  the  shoulder, 
except  as  specifically  permitted  by  Regulations  7,  8,  9,  and  10  hereof:  they  may  be 
taken  during  the  open  season  from  the  land  and  water,  from  a  blind  or  floating  device 
(other  than  an  airplane,  powerboat,  sailboat,  or  any  boat  under  sail),  with  the  aid 
of  a  dog,  and  the  use  of  decoys. 

REGULATION  4.— OPEN  SEASONS  ON  AND  POSSESSION  OF  CERTAIN  MIGRATORY  GAME 

BIRDS. 

For  the  purpose  of  this  regulation,  each  period  of  time  herein  prescribed  as  an  open 
season  shall  be  construed  to  include  the  first  and  last  days  thereof. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules,  black- 
bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  woodcock,  Wilson  snipe  or 
jacksnipe,  and  mourning  and  white-winged  doves  may  be  taken  each  day  from  half  an 
hour  before  sunrise  to  sunset  during  the  open  seasons  prescribed  therefor  in  this  regula- 
tion, by  the  means  and  in  the  numbers  permitted  by  Regulations  3  and  5  hereof,  re- 
spectively, and  when  so  taken,  each  species  may  be  possessed  any  day  during  the 
respective  open  seasons  herein  prescribed  therefor  and  for  an  additional  period  of  10 
days  next  succeeding  said  open  season. 

Waterfowl  {except  wood  duck,  eider  ducks,  and  swans),  coot,  gallinules,  and  Wilson  snipe 
or  jacksnipe. — The  open  seasons  for  waterfowl  (except  wood  duck,  eider  ducks,  and 
swans),  coot,  gallinules,  and  Wilsjn  snipe  or  jacksnipe  shall  be  as  follows: 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  New  York  (except  Long 
Island),  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan,  Wisconsin, 
Illinois,  Minnesota,  Iowa,  Missouri,  North  Dakota,  South  Dakota,  Nebraska,  Kansas, 
Colorado,  WTyoming,  Montana,  Idaho,  Nevada,  and  that  portion  of  Oregon  and  Wash- 
ington lying  east  of  the  summit  of  the  Cascade  Mountains  the  open  season  shall  be  from 
September  16  to  December  31; 

In  Rhode  Island,  Connecticut,  Utah,  and  that  portion  of  Oregon  and  Washington 
lying  west  of  the  summit  of  *he  Cascade  Mountains  the  open  season  shall  be  from  Octo- 
ber 1  to  January  15; 

In  that  portion  of  New  York  known  as  Long  Island,  and  in  New  Jersey,  Delaware, 
Oklahoma,  Texas,  New  Mexico,  Arizona,  and  California  the  open  season  shall  be  from 
October  16  to  January  31; 


8  BUREAU  OF  BIOLOGICAL  SURVEY.  (April, 

In  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South  Carolina, 
Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas,  and  Louisiana  the  open 
eeasDn  shall  be  from  November  1  to  January  31;  and 

In  Alaska  the  open  season  shall  be  from  September  1  to  December  15. 

Rails  (except  coot  and  gallinules). — The  open  season  for  sora  and  other  rails  (except 
coot  and  gallinules)  shall  be  from  September  1  to  November  30,  except  as  follows: 

In  Louisiana  the  open  season  shall  be  from  November  1  to  January  31. 

Black-bellied  and  golden  -plovers  and  greater  and  lesser  yellowlegs. — The  open  seasons 
for  black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs  shall  be  as  follows: 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New  York, 
New  Jersey,  Delaware,  Maryland,  and  Virginia  the  open  season  shall  be  from  August 
16  to  November  30; 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee,  Arkansas, 
Oklahoma,  Texas,  New  Mexico,  Arizona,  California,  and  Alaska  the  open  season  shall 
be  from  September  1  to  December  15; 

In  Vermont,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan, 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota,  Ne- 
braska, Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that  portion  of 
Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade  Mountains  the  open 
season  shall  be  from  September  16  to  December  31; 

In  Utah  and  in  that  portion  of  Oregon  and  Washington  lying  west  of  the  summit  of 
the  Cascade  Mountains  the  open  season  shall  be  from  October  1  to  January  15;  and 

In  Georgia,  Florida,  Alabama,  Mississippi,  and  Louisiana  the  open  season  shall  be 
from  November  1  to  January  31. 

Woodcock. — The  open  seasons  for  woodcock  shall  be  as  follows: 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Rhode  Island,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana, 
Michigan,  Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South 
Dakota,  Nebraska,  and  Kansas  the  open  season  shall  be  from  October  1  to  November 
30;  and 

In  Delaware,  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas,  Louisiana, 
Texas,  and  Oklahoma  the  open  season  shall  be  from  November  1  to  December  31 . 

Doves. — The  open  seasons  for  mourning  and  white-winged  doves  shall  be  as  follows: 

In  Delaware,  Maryland,  Virginia,  Tennessee,  Kentucky,  Illinois,  Missouri,  Okla- 
homa, Texas,  New  Mexico,  Colorado,  Arizona,  California,  Nevada,  Idaho,  and  Oregon 
the  open  season  shall  be  from  September  1  to  December  15;  and 

In  North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  and 
Louisiana  the  open  season  shall  be  from  September  16  to  December  31. 
[As  amended  October  25,  1918.] 

REGULATION  5.— BAG  LIMITS  ON  CERTAIN  MIGRATORY  GAME  BIRDS. 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  therefor  in 
Regulation  4  not  to  exceed  the  following  numbers  of  migratory  game  birds: 

Ducks  (except  wood  duck  and  cider  ducks) . — Twenty-five  in  the  aggregate  of  all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules  (except  sora). — Twenty-five  in  the  aggregate  of  all  kinds. 

Sora.— Fifty. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs. — Fifteen  in  the 
aggregate  of  all  kinds. 

Wilson  snipe,  or  jacksnipe. — Twenty-five. 

Woodcock. — Six. 

Doves  (mourning  and  white-winged). — Twenty-five  in  the  aggregate  of  both  kinds. 

[As  amended  October  25,  1918.] 


1019.]  SERVICE  AND  REGULATORY  ANNOUNCEMENTS.  9 

REGULATION    6.— SHIPMENT    AND    TRANSPORTATION    OF    CERTAIN    MIGRATORY 

GAME  BIRDS. 

"Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules, 
black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  woodcock,  Wilson 
snipe  or  jacksnipe,  and  mourning  and  white-winged  doves  and  parts  thereof  legally 
taken  may  be  transported  in  or  out  of  the  State  where  taken  during  the  respective 
open  seasons  in  that  State,  and  may  be  imported  from  Canada  during  the  open  season 
in  the  Province  where  taken,  in  any  manner,  but  not  more  than  the  number  thereof 
that  may  be  taken  in  two  days  by  one  person  under  these  regulations  shall  be  trans- 
ported by  one  person  in  one  calendar  week  out  of  the  State  where  taken;  any  such 
migratory  game  birds  or  parts  thereof  in  transit  during  the  open  season  may  continue 
in  transit  such  additional  time  immediately  succeeding  such  open  season,  not  to  ex- 
ceed five  days,  necessary  to  deliver  the  same  to  their  destination;  and  any  package 
in  which  migratory  game  birds  or  parts  thereof  are  transported  shall  have  the  name 
and  address  of  the  shipper  and  of  the  consignee  and  an  accurate  statement  of  the 
numbers  and  kinds  of  birds  contained  therein  clearly  and  conspicuously  marked  on 
the  outside  thereof:  but  no  such  birds  shall  be  transported  from  any  State,  Territory, 
or  District  to  or  through  another  State,  Territory,  or  District,  or  to  or  through  a  Province 
of  the  Dominion  of  Canada  contrary  to  the  laws  of  the  State,  Territory,  or  District, 
or  Province  of  the  Dominion  of  Canada  in  which  they  were  taken  or  from  which  they 
are  transported;  nor  shall  any  such  birds  be  transported  into  any  State,  Territory, 
or  District  from  another  State,  Territory,  or  District,  or  from  any  State,  Territory,  or 
District  into  any  Province  of  the  Dominion  of  Canada  at  a  time  when  such  State, 
Territory,  or  District,  or  Province  of  the  Dominion  of  Canada  prohibits  the  possession 
or  transportation  thereof. 

[As  amended  October  25,  1918.] 

REGULATION  7.— TAKING  OF  CERTAIN  MIGRATORY  NONGAME  BIRDS  BY  ESKIMOS  AND 

INDIANS  IN  ALASKA. 

In  Alaska  Eskimos  and  Indians  may  take  for  the  use  of  themselves  and  their  im- 
mediate families,  in  any  manner  and  at  any  time,  and  possess  and  transport  auks, 
auklets,  guillemots,  murres,  and  puffins  and  their  eggs  for  food,  and  their  skins  for 
clothing. 

REGULATION  8.— PERMITS    TO   PROPAGATE  AND   SELL  MIGRATORY   WATERFOWL. 

1.  A  person  may  take  in  any  manner  and  at  any  time  migratory  waterfowl  and 
their  eggs  for  propagating  purposes  when  authorized  by  a  permit  issued  by  the  Secre- 
tary. Waterfowl  and  their  eggs  so  taken  may  be  possessed  by  the  permittee  and  may 
be  sold  and  transported  by  him  for  propagating  purposes  to  any  person  holding  a 
permit  issued  by  the  Secretary  in  accordance  with  the  provisions  of  this  regulation. 

2.  A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess,  buy,  sell, 
and  transport  migratory  waterfowl  and  their  increase  and  eggs  in  any  manner  and  at 
any  time  for  propagating  purposes;  and  migratory  waterfowl,  except  the  birds  taken 
under  paragraph  1  of  this  regulation,  so  possessed  may  be  killed  by  him  at  any  time, 
in  any  manner,  except  that  they  may  be  killed  by  shooting  only  during  the  open 
season  for  waterfowl  in  the  State  where  taken,  and  the  unplucked  carcasses  and  the 
plucked  carcasses,  with  heads  and  feet  attached  thereto,  of  the  birds  so  killed  may 
be  sold  and  transported  by  him  in  any  manner  and  at  any  time  to  any  person  for  actual 
consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or  boarding  bouse,  retail  dealer 
in  meat  or  game,  or  a  cl.  b,  for  sale  or  service  to  their  patrons,  who  may  possess  such 
carcasses  for  actual  consumption  without  a  permit,  but  after  midnight  of  March  31, 
1919,  no  migratory  waterfowl  killed  by  shooting  shall  be  bought  or  sold  unless  each 
bird  before  attaining  the  age  of  four  weeks  shall  have  had  removed  from  the  web  of 
one  foot  a  portion  thereof  in  the  form  of  a  "V"  large  enough  to  make  a  permanent 


10  BUREAU  OF  BIOLOGICAL  SURVEY.  April, 

well-defined  mark  which  shall  be  sufficient  to  identify  them  as  birds  raised  in  do- 
mestication under  a  permit. 

3.  Any  package  in  which  such  waterfowl  or  parts  thereof  or  their  eggs  are  trans- 
ported shall  have  plainly  and  conspicuously  marked  on  the  outside  thereof  the  name 
and  address  of  the  permittee,  the  number  of  his  permit,  the  name  and  address  of 
the  consignee,  and  an  accurate  statement  of  the  number  and  kinds  of  birds  or  eggs 
contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information:  Name  and  address  of 
applicant;  place  where  the  business  is  to  be  carried  on;  number  of  acres  of  land  used 
in  the  business  and  whether  owned  or  leased  by  the  applicant;  number  of  each  species 
of  waterfowl  in  possession  of  applicant;  names  of  species  and  number  of  birds  or  eggs 
of  each  species  if  permission  is  asked  to  take  waterfowl  or  their  eggs;  and  the  particular 
locality  where  it  is  desired  to  take  such  waterfowl  or  eggs. 

5.  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and  records 
which  shall  correctly  set  forth  the  total  number  of  each  species  of  waterfowl  and  their 
eggs  possessed  on  the  date  of  application  for  the  permit  and  on  the  first  day  of  January 
next  following;  also  for  the  calendar  year  for  which  permit  was  issued  the  total  number 
of  each  species  reared  and  killed,  number  of  each  species  and  their  eggs  sold  and  trans- 
ported, manner  in  which  such  waterfowl  and  eggs  were  transported,  name  and  address 
of  each  person  from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold,  together 
with  number  and  species  and  whether  sold  alive  or  dead;  and  the  date  of  each  transac- 
tion. A  written  report  correctly  setting  forth  this  information  shall  be  furnished  the 
Secretary  during  the  month  of  January  next  following  the  issuance  of  the  permit. 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any  authorized  employee  of  the 
United  States  Department  of  Agriculture  to  enter  and  inspect  the  premises  where 
operations  are  being  carried  on  under  this  regulation  and  to  inspect  the  books  and 
records  of  such  permittee  relating  thereto. 

7.  Permits  issued  under  this  regulation  shall  be  valid  only  during  the  calendar  year 
of  issue,  shall  not  be  transferable,  and  may  be  revoked  by  the  Secretary,  if  the  permittee 
violates  any  of  the  provisions  of  the  Migratory  Bird  Treaty  Act  or  of  the  regulations 
thereunder. 

8.  A  person  engaged  in  the  propagation  of  migatory  waterfowl  on  the  date  on  which 
these  regulations  become  effective  will  be  allowed  until  September  30,  1918,  to  apply 
for  the  permit  required  by  this  regulation,  but  he  shall  not  take  any  migratory  water- 
fowl without  a  permit. 

(As  amended  October  25,  1918. | 

REGULATION   9.— PERMITS   TO   COLLECT   MIGRATORY   BIRDS   FOR   SCIENTIFIC 

PURPOSES. 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and  their  nests 
and  eggs  for  scientific  purposes  when  authorized  by  a  permit  issued  by  the  Secretary, 
which  permit  shall  be  carried  on  his  person  when  he  is  collecting  specimens  there- 
under and  shall  be  exhibited  to  any  person  requesting  to  see  the  same. 

Application  for  a  permit  must  be  addressed  to  the  Secretary  of  Agriculture,  Washing- 
ton, D.C.,and  must  contain  the  following  information:  Name  and  address  of  applicant 
and  name  of  State,  Territory,  or  District  in  which  specimens  are  proposed  to  be  taken 
and  the  purpose  for  which  they  are  intended.  Each  application  shall  be  accompanied 
by  certificates  from  two  well-known  ornithologists  that  the  applicant  is  a  fit  person 
to  be  entrusted  with  a  permit. 

The  permit  will  authorize  the  holder  thereof  to  possess,  buy,  sell,  and  transport  in 
any  manner  and  at  any  time  migratory  birds,  parts  thereof,  and  their  nest3  and  eggs 
for  scientific  purposes.  Public  museums,  zoological  parks  and  societies,  and  public 
scientific  and  educational  institutions  may  possess,  buy,  sell,  and  transport  in  any 


1919.]  SERVICE   AND   REGULATORY   ANNOUNCEMENTS.  11 

manner  and  at  any  time  migratory  birds  and  parts  thereof,  and  their  nests  and  eggs 
for  scientific  purposes  without  a  permit,  but  no  specimens  shall  be  taken  without  a 
permit.  The  plumage  and  skins  of  migratory  game  birds  legally  taken  may  be  pos- 
sessed and  transported  by  a  person  without  a  permit. 

A  taxidermist  when  authorized  by  a  permit  issued  by  the  Secretary  may  possess, 
buy,  sell,  and  transport  in  any  manner  and  at  any  time  migratory  birds  and  parts 
thereof  legally  taken. 

Permits  shall  be  valid  only  during  the  calendar  year  of  issue,  shall  not  be  trans- 
ferable, and  shall  be  revocable  in  the  discretion  of  the  Secretary.  A  person  holding 
a  permit  shall  report  to  the  Secretary  on  or  before  January  10  following  its  expiration 
the  number  of  skins,  nests,  or  eggs  of  each  species  collected,  bought,  sold,  or  trans- 
ported. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs  are  transported  shall 
have  clearly  and  conspicuously  marked  on  the  outside  thereof  the  name  and  address 
of  the  sender,  the  number  of  the  permit  in  every  case  when  a  permit  is  required,  the 
name  and  address  of  the  consignee,  a  statement  that  it  contains  specimens  of  birds, 
their  nests,  or  eggs  for  scientific  purposes,  and,  whenever  such  a  package  is  transported 
or  offered  for  transportation  from  the  Dominion  of  Canada  into  the  United  States  or 
from  the  United  States  into  the  Dominion. of  Canada,  an  accurate  statement  of  the 
contents. 

(As  amended  October  25,  1918.] 

REGULATION    10.— PERMITS   TO    KILL   MIGRATORY   BIRDS   INJURIOUS   TO   PROPERTY. 

When  information  is  furnished  the  Secretary  that  any  species  of  migratory  bird  has 
become,  under  extraordinary  conditions,  seriously  injurious  to  agriculture  or  other 
interests  in  any  particular  community,  an  investigation  will  be  made  to  determine 
the  nature  and  extent  of  the  injury,  whether  the  birds  alleged  to  be  doing  the  damage 
should  be  killed,  and,  if  so,  during  what  times  and  by  what  means.  Upon  his  deter- 
mination an  appropriate  order  will  be  made. 

REGULATION  11.— SALE  OF  MIGRATORY  GAME  BIRDS  LAWFULLY  HELD  IN  COLD 
STORAGE  JULY  31,  1918. 

A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess  and  may  sell 
and  transport  until  midnight  of  March  31,  1919,  the  carcasses  of  migratory  game  birds 
lawfully  killed  and  by  him  lawfully  held  in  cold  storage  on  July  31,  1918,  to  any  person 
for  actual  consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or  boarding  house,  retail 
dealer  in  meat  or  game,  or  a  club,  for  sale  or  sendee  to  their  patrons,  who  may  possess 
such  carcasses  for  actual  consumption  without  a  permit  until  midnight  of  April  5,  1919. 

[Added  by  proclamation  of  October  25,  1918.] 

REGULATION  12.— STATE  LAWS  FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS. 

Nothing  in  these  regulations  shall  be  construed  to  permit  the  taking,  possession,  sale, 
purchase,  or  transportation  of  migratory  birds,  their  nests,  and  eggs  contrary  to  the  laws 
and  regulations  of  any  State,  Territory,  or  District  made  for  the  purpose  of  giving 
further  protection  to  migratory  birds,  their  nests,  and  eggs  when  such  laws  and  regula- 
tions are  not  inconsistent  with  the  convention  between  the  United  States  and  Great 
Britain  for  the  protection  of  migratory  birds  concluded  August  16,  1916,  or  the  migra- 
tory bird  treaty  act  and  do  not  extend  the  open  seasons  for  such  birds  beyond  the  dates 
prescribed  by  these  regulations. 

lAdded  by  proclamation  of  October  25, 1918.] 


WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  1919 


UNIVERSITY  OF  FLORIDA 

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3  1262  09218  4877 


